CODE OF CIVIL PROCEDURE IN MAURITIUS

Mauritius is a parliamentary democracy, with a President as the head of state and a Prime Minister as the head of government. The President is elected by the National Assembly and serves as a ceremonial figurehead. At the same time, the Prime Minister is appointed by the President and is responsible for leading the government and managing the country's day-to-day affairs.

The courts of Mauritius use an adversarial system for litigation. The Supreme Court Rules 2000 lay forth the rules that must be observed while appearing before the Supreme Court. Consequently, it is important to involve the services of a private process service agency like Undisputed Legal to ensure that the service adheres to the country's domestic laws. Selecting a private process service agency like Undisputed Legal in Mauritius offers many benefits that are not available through other means of service. We have a wealth of experience and knowledge about the laws and procedures in Mauritius, allowing us to navigate the legal system and successfully serve your papers effectively.

In the Supreme Court's original jurisdiction (as opposed to the Bankruptcy Court), civil and commercial procedures are begun by filing a plaint with a summons. It is important to remember that in some situations, such as when seeking a prerogative order or when time is of the essence, a case might be started with a motion backed up by an affidavit.

HOW TO BRING AN ACTION BEFORE A JUDGE IN MAURITIUS

An applicant must file a praecipe and affidavit in order to bring an action before a judge in chambers. When this is received, the respondent can submit a counter-affidavit, to which the applicant may then answer with a third affidavit. Respondent has the right to make a closing response to the second affidavit. No more affidavits may be exchanged unless the court grants permission in chambers.

A case is set for argument on the merits on a date determined by the judge in chambers after he or she is satisfied that all pre-trial matters (such as affidavit exchange events) have been resolved. Keep in mind that the judge in the chambers may preside over civil cases as a judge (under Article 806 of the Code of Civil Procedure in Mauritius). When time is of the essence, and an immediate threat must be averted, the judge in the chambers may issue a summary process order.

The judge in the chambers possesses both summary and original jurisdiction, including the power to issue writs of habeas corpus and other extraordinary processes. Within twenty-one days after the date of the decision, an appeal falls to the Court of Civil Appeals if a civil matter was tried at first instance by a judge of the Supreme Court. Any appeal must be submitted in writing through a ‘notice of appeal,’ and the specific reasons for appealing must be stated.

The JCPC has the authority to hear appeals from the Supreme Court in civil and criminal cases when special permission is granted. Mauritius (Appeals to Privy Council) Order 1968 establishes the rules for filing appeals with the JCPC. We at Undisputed Legal can help serve any papers in Mauritius since we are up-to-date on court requirements in the country. Our private process servers are trained and experienced in serving legal documents and handling complex international cases. This expertise can be especially important in a country like Mauritius, where the legal system and cultural norms require special attention and care.

COURT JURISDICTION IN MAURITIUS

All civil cases, actions, causes, and issues presented before the Supreme Court and pending therein shall be heard, conducted, and decided by the Supreme Court, which shall have original and exclusive jurisdiction over such matters. Our private process service agencies are familiar with Mauritius's local laws, customs, and procedures and know how to navigate the local court system. This knowledge can help ensure that the service of legal documents is done properly and in accordance with local requirements.

The judges and the court must follow the same procedures as the English High Court of Justice while sitting, conducting hearings, and doing business. In all circumstances, when any statute gives no legal remedy, it serves as a court of equity, with the power, authority, and jurisdiction to administer justice and to perform all actions for the proper execution of its equitable jurisdiction.

The Commercial Division handles commercial litigation, while the Bankruptcy Division handles insolvency, liquidation, and winding up of businesses. Even if a case falls within the Companies Act 2001 (such as a bankruptcy proceeding), the Commercial Division of the Supreme Court has the authority to hear and rule on the case regardless of whether it involves commerce.

The Business Division has authority over all commercial disputes involving intellectual property, antitrust, and maritime law. If there is to be a trial at first instance in a case of judicial review, then there must be two judges hearing the case. Breaking with the traditional practice of having just one judge (section 35, Courts Act). The Court of Civil Appeals within the Supreme Court is not available for appeal after two judges have considered a matter.

There are no hard and fast rules on what must be done before litigation begins. Still, the court will encourage the parties to try to settle their disagreement peacefully and via alternative dispute resolution means first. An international private process server like those at Undisputed Legal can often provide a more cost-effective solution than traditional channels, which can be expensive and time-consuming in a country like Mauritius that is not a signatory to the Hague Service Convention.

SERVICE OF A SUMMONS IN MAURITIUS

Courts with lower authority include district, intermediate, and industrial courts. Praecipe, or a summons and complaint, is served on a defendant by registered mail with a notice of delivery in order to commence an action in the lower courts. It is important to note that not all countries are Contracting States to the Hague Service Convention, and in these cases, other methods of serving legal documents may need to be used. In such cases, Undisputed Legal’s process service systems in Mauritius may be able to assist with alternative methods of service.

If a party is dissatisfied with a lower court's decision, they have twenty-one days from the date of the lower court's decision to appeal to the Supreme Court. The day the decision is rendered for lower courts is not included in the twenty-one-day count. The initial process should be served personally on the defendant; however, the Court or Judge may, on the application of the plaintiff, make an order for substituted or other service or the substitution for service of notice, by advertisement or otherwise as the Court or Judge deems appropriate where it or he is satisfied that reasonable efforts have been made to effect personal service of the process; or the plaintiff has no means to ascertain where the defendant is or probably may be found.

After the initial deadline for the defendant to enter an appearance after being served with the initial process in Mauritius, the court or judge may order that any subsequent orders, summonses, notices, or process be not served personally but rather at the defendant's last place of abode or business, i.e., the defendant's last known address.

The processes to follow and the periods allowed to be completed are context- and circumstance-specific. District court cases (which often include claims of up to 250,000 rupees) typically run for a minimum of six months.

INITIATING A CLAIM IN MAURITIUS

The Commercial Division only accepts electronic filings (Courts (Electronic Filing of Documents) Rules 2012) for initiating and continuing any proceedings. Although all courts must comply with the laws governing electronic filing, the Commercial Division is the only one where that filing option is now active. Our private process servers are familiar with Mauritius's local laws, customs, and procedures and know how to navigate the local court system. This knowledge can help ensure that the service of legal documents is done properly and in accordance with local requirements.

No, later than fourteen clear days before the returnable date, the defendant or other party must be served with a summons and complaint. The plaint and summons must include an offer of evidence (a notification explaining the documentary evidence that the claimant wants to adduce at the hearing and specifying where the papers may be inspected within a reasonable time before the hearing) in order to proceed with the case. If the party cannot be located, service may be made by registered mail with a request for advice of delivery or by personal delivery by an usher with a signature from the party's attorney. Service of process in action and any things pertaining to it may be made on the party's attorney until the day judgment is entered in the case. A written response to the serving of process should be sent to the attorney who initiated the service.

The claimant's lawyer must submit an application to the Registry for a certified copy of the pleadings and all entries on record in the case before the brief is complete. A brief of the record in accordance with the certified copy must be prepared and filed in the Registry no later than fourteen days before the hearing, and a copy must be sent to each party.

Judgment must be enforceable in the jurisdiction where it was issued. The defendant must have been served a summons and frequent notices to appear in court. The judgment must have been issued by a court having the authority to hear and decide the case.

SERVICE OF FOREIGN PAPERS IN MAURITIUS

Mauritius is not a signatory to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Therefore, the appropriate process will be in accordance with the CCP, which states that the applicant must seek the permission of the court in chambers before the papers may be served outside of Mauritius. The CCP specifies the circumstances under which such permission may be obtained. In this regard, the petitioner must submit a praecipe and supporting affidavit to the court in chambers. Any service performed outside of Mauritius must comply with the local requirements for service of process.

Whether a foreign decision was obtained in England and Wales or elsewhere affects how it is enforced. Article 546 of the Code of Civil Procedure governs the recognition and execution of foreign judgments in Mauritius for judgments acquired from jurisdictions other than England and Wales.

Using a private process service agency like Undisputed Legal can provide peace of mind, as clients can be assured that knowledgeable and experienced professionals are handling the service of legal documents.

ENFORCEMENT OF A FOREIGN JUDGEMENT IN MAURITIUS

Without revisiting the case's merits, Mauritius courts will often recognize and enforce a decision rendered against a Mauritius entity in a foreign court (other than courts in England and Wales.) The foreign decision might be enforced in Mauritius by filing a petition with supporting affidavits with the Supreme Court. In order to verify the validity of the foreign decision, the application must be accompanied by the following papers, which must be properly apostilled:

Simply providing a hard copy of the foreign decision being executed would suffice. The verdict, with the foreign court's seal affixed to each page and the Chief Registrar's signature on the last page, is a foreign court certificate certifying no appeal has been filed against the ruling.

There is a broad policy of assisting foreign courts in criminal and related situations. When it comes to prosecuting major crimes, Mauritius is willing to work with other countries or international criminal tribunals thanks to the Mutual Assistance in Criminal and Related Matters Act of 2003 (MACRMA).

Since Mauritius has not ratified the HCCH Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague Service Convention), a letter rogatory is necessary to compel a witness to testify in another country. In order to collect evidence, a commission rogatoire (also known as a letter rogatory or letter of request) will be issued.

According to the Reciprocal Enforcement of Judgments Act, judgments from a UK higher court are enforceable in Ireland. In order to get a judgment registered in the Supreme Court, the judgment creditor must apply to the Supreme Court within 12 months of the date of the judgment.

At Undisputed Legal, we have specialized knowledge and experience serving legal documents. We can advise you on the most appropriate service method and ensure that the process is done according to the relevant laws and procedures. Employing our private process servers saves you time, hassle, and stress. We will handle all the difficult stuff, so you can rest easy knowing that your legal papers are in good hands.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN MAURITIUS

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Mauritius process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. Any judgement made by either the Court of Appeal or the Supreme Court may be appealed to the JCPC either as of right or with the consent of the Supreme Court.

Within 21 days after the date of the judgement to be appealed from, the appellant must file a move or petition with the Supreme Court requesting permission to appeal to the JCPC, and must also provide notice of his or her planned application to any other parties involved.

2. Respondent has two months from the date of service to submit a notice of intent to fight the appeal with the Registry and serve the same on the appellant.

3. Only final judgements from the Court of Appeal or the Supreme Court may be appealed to the JCPC. A judgement that determines or concludes the rights of the parties and brings closure to the main dispute is said to be final when it ‘disposes finally of a suit,’ ‘puts the plaintiff in the impossibility of moving further,’ ‘determines or concludes the rights of the parties,’ and ‘puts an end to the main dispute.’

4. Mauritius Commercial Bank Ltd v Maudarbocus [2015 SCJ 448]).

5. Section 81(1), Constitution; section 69, Courts Act) (Domah v The Judicial and Legal Service Commission [2001 MR 180]

6. The making of such evidence shall be a precondition to the granting of judgement to the plaintiff.

7. Where an absent defendant has in Mauritius no attorney or agent duly empowered to make an appearance for or represent and defend him, but has in the particular contract on which he is sued, specially elected a domicile for service, service at such domicile shall, for the particular matters or things for which the domicile was selected, be sufficient both for the initial process and for all subsequent orders, summonses, notices, and the like.

8. It is important to note that district courts have small claims jurisdiction for civil cases when the amount claimed or the topic in dispute does not exceed one hundred thousand rupees. Unlike the more rigorous process required for filing a lawsuit in a district court, less stringent procedures govern the small-claims system.

9. If there is good cause, the court might mandate an alternate manner of serving. Posting the document to be served on the door of the party's last known house or business address, publishing the document in a daily newspaper, or any other suitable mode of service is permissible (rule 7, SCR).

10. [2009 SCJ 51] Toorabally N v. Ashraf M.M.N.

11. Provided the following conditions are met:

The foreign court that rendered such a judgement had jurisdiction to hear the claim;
The foreign court applied the proper law applicable to the determination of the claim against the Mauritius entity;
The foreign court's judgement had not been obtained by fraud, or is not upon its face founded in error, or is not considered irregular and wretched by any standard of law in Mauritius;
and the foreign court's judgement had not been rendered in breach of any rule of procedural or substantive public policy applicable in Mauritius.

12. However, a judgement will not be recorded in the following situations:

Judgement debtor was not doing business or residing within the original court's jurisdiction, so he or she did not voluntarily appear or submit or agree to submit to the jurisdiction of that court;
judgement debtor, defendant in proceedings, was not properly served with process of original court and did not appear, even though he or she was ordinarily resident or was carrying on business within the original court's jurisdiction.

13. Mauritius allows the execution of foreign judgements (CPC; Reciprocal Enforcement of Judgments Act).

14. Dallah Albaraka (Ireland) Ltd v Pentasoft Technologies Limited & Anor [2015 SCJ 168]